The interaction of statute law and common law

This is a tripartite discussion of the interaction between common law and statute. Part I deals with the constitutional dimension, demonstrating ways in which the Constitution shapes and influences the content of the common law, just as it impacts upon statute law. Most notably the Constitution constrains the principles of statutory interpretation and mandates a "uniform" common law. Part II illustrates the way in which the common law moderates legislative intention by presumption and rules of statutory interpretation. Part III discusses analogical development of the common law by reference to statute and likewise common law development by reference to statutory policy. The discussion identifies the considerations relevant to such development, including the doctrine of coherence and the relevance of statutory intention.